Lawsuit possible to oust Messer, officials say

Potter County officials are considering a possible lawsuit to remove indicted County Tax Assessor-Collector Danny Messer from office, officials said Wednesday.

Messer, 42, was arrested Tuesday night on a felony charge of theft by a public servant stemming from a grand jury indictment. He was released late Tuesday on a $20,000 bond.

According to a sealed indictment released Wednesday morning, Messer is accused of using his elected position to take between $1,500 and $20,000 in cash on or about March 22.

Potter County Sheriff Mike Shumate said Messer was arrested at the home he shares with Sharon Howery, a tax office employee indicted last week on aggravated perjury charges, and her husband.

Messer, bowing his head, left the the Potter County Detention Center at about 11:30 p.m. Tuesday

Before his arrest Tuesday, Messer declined to discuss the growing tax office investigation.

"It's all under grand jury investigation, and we have no comment," Messer said during a brief interview.

County Attorney Sonya Letson said Wednesday that her office could sue to remove Messer.

"We are reviewing the indictment and the information surrounding it. We will be making a decision about that in the near future," Letson said.

District Attorney Rebecca King said Wednesday that the tax office investigation continues, but she could not discuss the case.

Howery, 45, was arrested last week after she was indicted on a charge of aggravated perjury. She was not at work Wednesday and is taking paid sick leave.

Charges against Messer and Howery are third-degree felonies punishable by two to 10 years in prison and a fine up to $10,000.

On Wednesday afternoon, calls to Howery's residence were not answered and no one answered the door at the home.

A grand jury began investigating alleged financial improprieties at the county tax office in January. During the investigation, authorities seized a blue bag in the tax office containing more than $90,000 in cash. Messer said earlier that the bag contained unprocessed property tax overpayments made by taxpayers.

The Texas Property Code, which governs some property tax regulations, does not require that the county notify taxpayers that they have overpaid their taxes. Money from some unclaimed overpayments has been put back into the county's general fund in recent years, officials said. A taxpayer can apply for a refund by a written request or by using a form from the state comptroller's office.

In a January interview, Messer defended his office, saying: "I don't know for sure what they are looking for. I know that they have subpoenaed several records, and that's fine. They are not going to find anything."

Potter County Judge Arthur Ware said news of the indictments is distressing.

"This is just another embarrassment for Potter County and the elected officials. The people who put us in office expect us to do a job for them and to do it in a way whereby it will not embarrass the citizens or the county," he said.

Commissioner Manny Perez said he wants the tax office investigation to continue but urged residents not to rush to judgment.

"I feel that this should be very thoroughly investigated," he said. "We have to wait because of the laws and the Constitution."